“It is, as you remark, difficult to understand the meaning of Bonaparte toward us. There is little doubt that his want of money and his ignorance of commerce have had a material influence. He has also distrusted the stability and efficacy of our pledge to renew the non-intercourse against Great Britain, and has wished to execute his in a manner that would keep pace only with the execution of ours, and at the same time leave no interval for the operation of the British Orders without a counter-operation in either his or our measures. In all this his folly is obvious.”
Such language was not only inconsistent with the doctrine that the French Decrees stood repealed in such a manner as no longer to violate American commerce, but it also showed that Madison deceived himself as to Napoleon’s character and his policy. Of all theories on which to found political action, the least reasonable was that of assuming Napoleon to be foolish; yet his “obvious folly” was Madison’s explanation of an ingenious and successful device to enforce the Continental system.
Having adopted a policy, Madison could not but carry it to its practical results. Robert Smith came to him February 20 with the draft of a note addressed to Serurier, asking for information as to the withdrawal of the decrees,—a course similar to that adopted with Jackson. “I was, to my astonishment, told by him that it would not be expedient to send to Mr. Serurier any such note. His deportment during this interview evinced a high degree of disquietude, which occasionally betrayed him into fretful expressions.”[278]
Smith did not understand the uselessness of asking Serurier for information he could not give, after deciding to act on such information as though it had been given. Although every one knew privately that Serurier would say nothing on the subject, the President could not afford to give the silence official emphasis; and he probably regarded Smith’s attempt to do so as a part of his general effort to discredit the whole system of commercial restrictions. The proposed letter to Serurier could be of no use except to embarrass Congress in legislating against England. Already the first steps for this purpose had been arranged, and the next day, February 21, Eppes moved in the House to amend his bill by substituting two new sections, which revived the non-intercourse of March, 1809, against England in respect to all vessels which left a British port after Feb. 2, 1811, and forbade the courts to entertain the question whether the French edicts were or were not revoked.
Nothing short of a revolution in the form of government could force such a bill through Congress at so late an hour; but the Republican party having decided on the measure, did not shrink from employing the means.
February 23 the House went into committee and took up Eppes’s new bill. That it was unsatisfactory could not be denied. Robert Wright of Maryland—a new member, of the war party—moved to amend by requiring from England an arrangement about impressments as an additional condition of restoring intercourse, and had the Government intended to make war its ultimate object it would have adopted Wright’s motion; but the House had no such object. Impressment was not one of the grievances which of late had been urged against England; indeed, the subject had somewhat fallen out of sight, and so little did the House care to insist upon it, that only twenty-one votes supported Wright’s motion. On the other hand, the conduct of France was hotly discussed, but only by Federalists. The Republicans sat silent.
After one day’s debate the bill was reported, and February 26 the true struggle began. The House sat eighteen hours, while the minority consumed time by long speeches and dilatory motions. During the last four hours no quorum was present, and the Speaker decided that in the absence of a quorum no compulsory process could be issued. When the House reassembled at half-past ten on the morning of February 27, long speeches were resumed. The evening session began at six o’clock, when on both sides patience was exhausted. Randolph made two successive motions to postpone. Eppes declared that Randolph’s motive was to delay and defeat the bill; Randolph retorted by the lie direct, and for a time the House fell into confusion, while Eppes wrote a challenge on the spot, and sent it by Richard M. Johnson to Randolph, who left the House to instruct his second.
Until half-past two o’clock in the morning of February 28 time was consumed in these tactics,—about eighty members being present, and the majority keeping silence. At that hour Barent Gardenier was on the floor making another diffuse harangue, when Thomas Gholson of Virginia called for the previous question on the last motion before the House. According to the rules, Speaker Varnum stated the motion: “Shall the main question be now put?” It was decided in the affirmative. Gardenier immediately attempted to speak on the main question, when Gholson called him to order. Then followed the coup d’état.
“The Speaker decided that according to the late practice of the House it was in order to debate the main question after the previous question had been taken. He said that this practice had been established by the House by a decision two years ago, in opposition to an opinion which he himself had always entertained and had then declared. His decision on that occasion was reversed, and he felt himself bound by that expression of the House.”
Gholson appealed. The Speaker decided that the appeal was debatable, but his decision was reversed by a vote of sixty-six to thirteen. The House then, without a division, reversed his first ruling, and ordered that thenceforth, after the motion for the previous question should have been decided in the affirmative, the main question should not be debated.